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' 293~.65 ,
IN TNE CIRCUIT COURT OF THE
~ NINETEENTN JUDICIAL CIRCUIT ~
IN AND FOR ST. LUCIE COUNTY
STATE OF FLORIDA
RAY JACKSON # o ~
Petitioner
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vs ~
VERNON CHRISTIANSON, Chief of Police !
Fort Pierce, Florida
Respondent
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~ ORDER GRANTING WRIT
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THIS CAUSE came before the Court upan RAY JACKSON's ~
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i, Petition for Writ of Habeas Corpus. Based upon the Petition,
~ this Court issued the Writ and set the matter for hearing on
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;r October 10, 1974. ,
~ ~i Petitioner appeared, represented by Mr. Roger Alcott ~
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~ and.Mr. Bruce M. Wilkinson. Respondent and the City of Fort j
4 Pierce were re resented by Mr. John T. Brennan and Douglas f
, P
i4 Lawless. The parties conducted an evidentiary hearing and pre- ~
sented legal argument to the Court. Bgsed upon the evidence and i
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~ the law presented the Court makes the following findings of fact
f i~
~ ii
and conclusions of law: ~
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~ ~ 1. That Petitioner did not freely, voluntarily and ~
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~j affirmatively waive his right to counsel in Municipal Court. ~
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;i 2. That in the absence of such an affirmative waiver ;
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~t of counsel, the plea that was accepted by the Court was entered i
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in violation of Petitioner's due process rights under the United ~
~
States Constitution. 1
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3. That, since the plea and sentence were entered ~
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~ without the due rocess of law, they must be vacated. ~
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~ It is therefore.
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ORDERED AND ADJUDGED that !
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ii - 1. The Writ of Habeas Corpus is hereby granted. ; ~
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2. The judgment and sentence of the_Municipal Court +
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are hereby vacated and set aside. ~
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